Understanding Workers’ Unions and Their Legal Framework
Workers’ Unions
Organizations with recognized legal status, representing workers collectively to seek improvement and social development. They hold powers beyond those of a civil injunction and are neither for-profit entities nor exempt from economic benefits.
Innominate Unions
These unions arise in areas not previously designated by law, defined by the workers themselves.
A result of the second labor reform, they represent a step towards full freedom of association, though explicit recognition of trade union rights is still needed.
Membership Requirements
- Over 50 workers with an existing union: At least 25 workers representing a minimum of 10% of the total workforce.
- Over 50 workers without a union: At least 8 workers must meet the quorum within one year, or the process expires.
- 50 or fewer workers: At least 8 workers.
- Companies with multiple locations: Each location can form a union with at least 25 workers representing a minimum of 30% of that establishment’s workforce.
- Regardless of percentage, 250 or more workers from the same company can form a union.
National Unions
National organizations representing the general interests of workers across various production and service sectors. These can include confederations, federations, trade unions, civil administration officials, and associations of individuals, as defined by their statutes. Organizations of pensioners with legal personality can also join, according to their statutes.
Union Registration
The elected union board must deposit the original incorporation certificate and two certified copies of its statutes with the Labour Inspectorate within 15 days of the meeting. The Labour Inspectorate then registers the organization, granting it legal personality. Failure to deposit within the timeframe necessitates a new constituent assembly.
Trade Union Laws
General, abstract, and compulsory public law governing a union’s internal operations, member behavior, and the rights and obligations between the union and its members.
This law originates from the organization, exercising trade union autonomy.
Minimum Content of Union Statutes
- Membership requirements, resignation process, member rights and obligations.
- Requirements for union office.
- Mechanisms for statute amendments or union mergers.
- Internal disciplinary system.
- Union name (cannot imply exclusivity).
Union Meetings and Voting
Meetings are ordinary or extraordinary. Regular meetings occur as specified in the bylaws, convened by the president or as otherwise stated. Extraordinary meetings are called by the president or 20% of the members.
Statutes must protect members’ freedom of opinion and voting rights. They may also include weighted voting rules for non-permanent workers.
Unions must maintain a member registry.
The Right to Union Membership
Part of the general right of association, it allows workers and their organizations to join and remain in the union of their choice, with the associated rights, privileges, obligations, and limitations defined by law and the organization’s statutes.
Characteristics
- Voluntary: Employment cannot be conditional on union affiliation or disaffiliation. Preventing or hindering membership, dismissal, or any harm due to union activity is prohibited (Article 215).
- Personal and non-delegable.
- Association directory.
Executive Branch of the Union
Delegated by the assembly for efficiency, it handles the representation, leadership, and management of the organization, including judicial and extrajudicial representation and property management.
Typically a collegial body, except for unions with fewer than 25 workers, which are led by a director.
Except for the above case, the board consists of a number of directors determined by the statute. Jurisdiction is exercised only at work, with permits and licenses as provided by law, based on the highest number of votes. Directors achieving the required majority choose the President, Secretary, Treasurer, and other officers.
Requirements and Term of Office
Requirements for directors are defined in the statutes.
Terms last between 2 and 4 years, as per the statutes, and directors may be re-elected indefinitely.
Statutes also determine director replacements.